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My situation.

 
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pequeño_saltamontes



Joined: 05 Jun 2012
Posts: 4

PostPosted: Thu Jun 28, 2012 12:45 am    Post subject: My situation. Reply with quote

Hey guys, I'm new to this forum, and I'd like to make an introduction.

A little about me and my situation: I am American, male, 24 years old, looking to return to Spain. Pretty typical right? Well, I studied abroad last year, fall semester, my final semester of college. I met a girl, fell in love, and I am looking to go back to her in September. It's been pretty stressfull.

My first plan, even before I met her, was to apply to the North American language assistant program. I did apply, but it does not appear I am going to get a spot. So we've been looking at other options.

We want to be together this year. She is a student in Granada, and she's in her final year this year. We've discovered that the "pareja de hecho" option is probably our best bet. She's been to her ayuntamiento and all appears copacetic. She is in kind of a rush because she is empadronada in another city than Granada, and she wants to have the whole process done before she goes back to school in October.

The ayuntamiento told her that all I really need to bring is a "certificado de fé de vida y estado". I'm not real sure what this is, but I understand that it's basically just a letter stating I am single and able to marry. Does anyone know how to go about getting this? Can I get it in America? Or do I have to wait to go to Spain to get it.

One last thing, recently my girlfriend put me in contact with a friend of hers who works at a language academy in Cantabria. Her boss expressed interest in hiring me, which rather surprised me. I sent my CV and all that and asked if she(the boss) could assist in getting me a contract/visa. She said she was willing but seemed rather clueless as to the process. I told her all I knew was that I needed to be sponsored for a job in order to get a visa, but I had no idea how to do it on her end. The position begins in September, and I am guessing if she knew anything about hiring a non-EU resident, she wouldn't go through the trouble in hiring an American. Wouldn't the process of getting a visa take a couple months, probably past September? My girlfriend insisted I look into this opportunity before we committed to the pareja de hecho, seeing as if I could get the work visa in say, two months, I'd already have a job, and one less thing to worry about.

Thoughts? Sorry for the long post, your help is greatly appreciated.

Matt
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Grimace420



Joined: 24 Sep 2011
Posts: 81
Location: Madriz

PostPosted: Thu Jun 28, 2012 10:17 am    Post subject: Reply with quote

You basically won't get a work visa for reasons explained over and over again in other threads. Your clueless potential employer will probably give up on the idea once she realizes the hoops she has to jump through and how likely your request is to be declined. I wouldn't even bother trying.

Getting residency and permission to work for 5 years via the pareja de hecho option is far easier. However, how long it'll take before it's granted depends a lot on your luck and where you're processing it. When I got mine in Madrid, we went to the town hall with all our documents in mid September and I picked up my card in mid December. That was exceptionally fast as my girlfriend knows people working in the department where it's processed and we jumped the queue. Other people who started their application in September had appointments to pick up their cards in like April or May. So yeah, good luck getting everything done by October.

If I were you, I'd just go back to Spain and apply for your pareja de hecho residency without worrying how long it took, because there's a good chance it'll take friggin' ages. Just work under the table for a while and do whatever you have to do to survive until you get your residency card and then you can work wherever you like.

I can't help you with advice about your certificate as I'm not American. Hope it all goes smoothly.
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spiral78



Joined: 05 Apr 2004
Posts: 9299
Location: On a Short Leash

PostPosted: Thu Jun 28, 2012 4:27 pm    Post subject: Reply with quote

Quote:
I sent my CV and all that and asked if she(the boss) could assist in getting me a contract/visa. She said she was willing but seemed rather clueless as to the process. I told her all I knew was that I needed to be sponsored for a job in order to get a visa, but I had no idea how to do it on her end. The position begins in September, and I am guessing if she knew anything about hiring a non-EU resident, she wouldn't go through the trouble in hiring an American.


It's highly unlikely that it's possible for her to get a work visa for you, even if she wants to and is willing to jump through legal hoops. She has to argue that you have some quality/skill that no EU member citizen candidate can offer. Unless you're a genuine specialist of some type that she can demonstrate she requires, it's not going to happen.

Another issue is the 90-days-in-the-Schengen-zone rule (google if you're not already familiar). It's certainly going to take longer than 90 days for you to get a visa through the relationship route. Hopefully once paperwork has been filed, you will be at least semi-legal while awaiting the final documents; you may want to ask about this when you file the paperwork.
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pequeño_saltamontes



Joined: 05 Jun 2012
Posts: 4

PostPosted: Thu Jun 28, 2012 10:49 pm    Post subject: Reply with quote

spiral78 wrote:
Quote:
I sent my CV and all that and asked if she(the boss) could assist in getting me a contract/visa. She said she was willing but seemed rather clueless as to the process. I told her all I knew was that I needed to be sponsored for a job in order to get a visa, but I had no idea how to do it on her end. The position begins in September, and I am guessing if she knew anything about hiring a non-EU resident, she wouldn't go through the trouble in hiring an American.


It's highly unlikely that it's possible for her to get a work visa for you, even if she wants to and is willing to jump through legal hoops. She has to argue that you have some quality/skill that no EU member citizen candidate can offer. Unless you're a genuine specialist of some type that she can demonstrate she requires, it's not going to happen.

Another issue is the 90-days-in-the-Schengen-zone rule (google if you're not already familiar). It's certainly going to take longer than 90 days for you to get a visa through the relationship route. Hopefully once paperwork has been filed, you will be at least semi-legal while awaiting the final documents; you may want to ask about this when you file the paperwork.




That's what I'd figured. All I've read it seems entirely impossible, especially given their economic situation, that I'd actually get an offer even if this academy is sincere. My girlfriend just wanted me to make sure.

I know plenty about the Schengen zone rules. I'm guessing Spiral you haven't done the pareja de hecho? It grants you Spanish residency, and there is no visa involved. Visas must be issued in the consulate of the applicants home country. The ayuntamiento told her that it takes about a week to process everything. I'm fine being illegal while waiting for the papers, no matter how long it takes.

Really, seeing as I'm being reassured on my prospects of the first option, all I want to know now is how do I get the certificado de fé de vida y estado.
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pequeño_saltamontes



Joined: 05 Jun 2012
Posts: 4

PostPosted: Thu Jun 28, 2012 11:19 pm    Post subject: Reply with quote

Grimace420 wrote:
You basically won't get a work visa for reasons explained over and over again in other threads. Your clueless potential employer will probably give up on the idea once she realizes the hoops she has to jump through and how likely your request is to be declined. I wouldn't even bother trying.

Getting residency and permission to work for 5 years via the pareja de hecho option is far easier. However, how long it'll take before it's granted depends a lot on your luck and where you're processing it. When I got mine in Madrid, we went to the town hall with all our documents in mid September and I picked up my card in mid December. That was exceptionally fast as my girlfriend knows people working in the department where it's processed and we jumped the queue. Other people who started their application in September had appointments to pick up their cards in like April or May. So yeah, good luck getting everything done by October.

If I were you, I'd just go back to Spain and apply for your pareja de hecho residency without worrying how long it took, because there's a good chance it'll take friggin' ages. Just work under the table for a while and do whatever you have to do to survive until you get your residency card and then you can work wherever you like.

I can't help you with advice about your certificate as I'm not American. Hope it all goes smoothly.


Thanks alot for this info. I had figured that the job offer was not a realistic solution, but I'd figure it wouldn't hurt to ask.

In regards to the pareja de hecho. That is pretty much my plan. I'm not looking to have residency done by october. just all papers in and such. I'd be fine doing things "underground" for a while. I have my girlfriend there obviously, so I have a good support system. However, she does come from a small town, and the woman at the ayuntamiento(whom her father knows) assured her that once everything is in, it doesnt take but a week before its processed and finalized.

One question Grimace, what nationality are you??
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spiral78



Joined: 05 Apr 2004
Posts: 9299
Location: On a Short Leash

PostPosted: Fri Jun 29, 2012 1:04 am    Post subject: Reply with quote

Quote:
I'm guessing Spiral you haven't done the pareja de hecho?



You guess correctly. I only know a bit about Spain's hiring policies for non-
EU citizens from acquaintances in EFL in the country.

I was assuming that so long as you've got documents in the system, you're probably technically legal 'enough' to avoid the Schengen zone penalties of deportation and a ban on entering the EU in case of any mishap involving law enforcement officials after your 90 days are up.
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Grimace420



Joined: 24 Sep 2011
Posts: 81
Location: Madriz

PostPosted: Fri Jun 29, 2012 9:21 am    Post subject: Reply with quote

pequeño_saltamontes wrote:

In regards to the pareja de hecho. That is pretty much my plan. I'm not looking to have residency done by october. just all papers in and such. I'd be fine doing things "underground" for a while. I have my girlfriend there obviously, so I have a good support system. However, she does come from a small town, and the woman at the ayuntamiento(whom her father knows) assured her that once everything is in, it doesnt take but a week before its processed and finalized.

One question Grimace, what nationality are you??


I'm a New Zealander, so I have the same visa issues as most Americans. I came over as an English language assistant 5 years ago, did various programmes for a while before finally getting tired of being on a student visa and discovering by pure chance that formalizing my relationship with my girlfriend would give me residency -- at a total cost of about 20 euros from memory, not the hundreds that a marriage between a foreigner and a Spaniard costs here with all the translations and certificates and crap.

I wouldn't worry too much about the Schengen rules in this instance. Once you've turned in all your documents you get a certificate saying your case is being processed and that should cover any (highly unlikely) instances in which you are required to identify yourself to the police while in Spain. You're doing things by the book and if Spanish bureaucracy is too slow that's not your problem.

You have to realize that this pareja de hecho thing giving you working rights is pretty new. I think the rules only changed last year. Before it was only a way to recognize your relationship officially and didn't give a foreign partner any rights to stay in Spain. Take advantage of it while it lasts. Good luck.
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spiral78



Joined: 05 Apr 2004
Posts: 9299
Location: On a Short Leash

PostPosted: Fri Jun 29, 2012 12:07 pm    Post subject: Reply with quote

Quote:
Once you've turned in all your documents you get a certificate saying your case is being processed and that should cover any (highly unlikely) instances in which you are required to identify yourself to the police while in Spain
.


Thanks for confirming my assumption, Grimace!
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naturegirl321



Joined: 04 May 2003
Posts: 8917
Location: home sweet home

PostPosted: Sat Jun 30, 2012 2:51 pm    Post subject: Reply with quote

Grimace420 wrote:
You have to realize that this pareja de hecho thing giving you working rights is pretty new. I think the rules only changed last year. Before it was only a way to recognize your relationship officially and didn't give a foreign partner any rights to stay in Spain. Take advantage of it while it lasts. Good luck.


Any way to change it to permanent residency after X amount of time?
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Grimace420



Joined: 24 Sep 2011
Posts: 81
Location: Madriz

PostPosted: Sat Jun 30, 2012 5:20 pm    Post subject: Reply with quote

It seems that you can apply for permanent residence after 5 years of living in Spain legally if you meet certain conditions. http://www.conpapeles.com/resi.php3


To obtain Spanish nationality, I believe that the standard wait is 10 years of legal living in Spain before you can apply for a Spanish passport, unless you have other ties (like proof of a Spanish ancestor) in which case the time can be reduced. Detailed on this site: http://www.mjusticia.gob.es/cs/Satellite/es/1215198282620/Estructura_P/1215198291413/Detalle.html
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pr455



Joined: 08 May 2011
Posts: 135
Location: MADRID, SPAIN

PostPosted: Sat Jun 30, 2012 7:13 pm    Post subject: Reply with quote

Grimace,

Thanks for posting this. It should help a lot of people out.

This makes my 6th year as a Language Assistant and I will be looking at this route for the following year because doing the job that I have (on a student visa) is not compatible with having residency. Wink

This PDF explains what you have to do (IN SPANISH)

http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/documentos2/104.pdf

To apply for permanente residency, fill out MODELO EX18

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html

Good luck,

Shawn
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naturegirl321



Joined: 04 May 2003
Posts: 8917
Location: home sweet home

PostPosted: Sun Jul 01, 2012 1:56 am    Post subject: Reply with quote

Grimace420 wrote:
It seems that you can apply for permanent residence after 5 years of living in Spain legally if you meet certain conditions. http://www.conpapeles.com/resi.php3

To obtain Spanish nationality, I believe that the standard wait is 10 years of legal living in Spain before you can apply for a Spanish passport, unless you have other ties (like proof of a Spanish ancestor) in which case the time can be reduced. Detailed on this site: http://www.mjusticia.gob.es/cs/Satellite/es/1215198282620/Estructura_P/1215198291413/Detalle.html


And most likely you'll have to give up your current nationality. There are some exceptions, such as for those from some Latin American countries.
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pequeño_saltamontes



Joined: 05 Jun 2012
Posts: 4

PostPosted: Mon Jul 02, 2012 5:32 pm    Post subject: Reply with quote

So I've figured out what to do about the paper. The woman with the job offer has emailed me back, and said she is going to Ireland for two weeks but when she returns she says she wants to discuss salary, hours, and everything. Should I just tell her that this opportunity is not worth it?

Anyway, sticking to the original plan. Since I will be moving to Spain, it only makes sense to buy a one-way ticket. Is it possible for me to buy one and not be questioned about a return ticket? Or will I have to explain my situation?

Some help with this, thanks in advance.

Matt
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spiral78



Joined: 05 Apr 2004
Posts: 9299
Location: On a Short Leash

PostPosted: Mon Jul 02, 2012 5:36 pm    Post subject: Reply with quote

Unlikely they will question you, but if so just tell them. You're not technically illegal upon entering the country in any way.
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